NPDES Monitoring 01-27-06 v OFFICE OF GENERAL COUNSEL
RICHARD A.MULLANEY CITY OF JACKSONVILLE CINDY A.LAQUIDARA
GENERAL COUNSEL CHIEF DEPUTY GENERAL COUNSEL
MICHAEL J.ARINGTON SAC1(90� VIRGINIA B.NORTON
TRACEY I.ARPEN,JR. O BRUCE D.PAGE
THOMAS M.BEVERLY Fl•
GAYLE PETRIE
WILLIAM B.BURKETT - JON R.PHILLIPS
KAREN M.CHASTAIN
DERREL .CHATMON * GREGORY K.RADLINSKI
Q Y ALAN K.RAGAN
R.WILLIAM CROWE 0110 STEVEN E.ROHAN
BRENDA B.EZELL ANDRES ROJAS
LOREE L.FRENCH CITY HALL,ST.JAMES BUILDING
JOHN F.GERMANY,JR SHANNON
K.ROWLAND
FFER
SEAN B.GRANAT 117 WEST DUVAL STREET,SUITE 480 SHANNON T M.
SIDMAN
MARGARET SIDMAN
SUZANNE S.HOWARD JACKSONVILLE,FLORIDA 32202
WENDY L.STEINER
SCOTT D.MAKAR EDWARD C.TANNEN
HOWARD M.MALTZ JASON R.TEAL
NEIL W.MCARTHUR,JR. MICHAEL B.WEDNER
ERNST D.MUELLER PHYLLIS M.WILEY
DOUGLASS E.MYERS,JR. ANTHONY B.ZEBOUNI
January 27, 2006
City of Atlantic Beach, Florida
800 Seminole Road
Atlantic Beach,FL 32233
Dear Sir/Madam:
Attached for your files is a duplicate original of the contract between the City of Jacksonville
and your company for Phase I of the National Pollutant Discharge Elimination System("NPDES")..
Please note that the contract has been assigned City Contract No.5629-32, and all invoices
and/or correspondence pertaining thereto should show reference to that number.
mcerely,
cd4•
Neill W. McArthur, Jr.
Chief, Contract Administration
Corporation Secretary
Attachment
cc: Accounting
Kehinde Adeshile, Public Works -Engineering
Contract Administration
Alex Baker, Purchasing
Office Telephone Writer's Direct Line Facsimile Writer's E-Mail Address Office Web Site
(904)630-1700 (904)630-1715 (904)630-1731 NeillM@coj.net GeneralCounsel.coj.com
Prepared by and Return to:
Neill W.McArthur,Jr.
Office of General Counsel
117 West Duval Street,Suite 480
Jacksonville,Florida 32202
INTERLOCAL AGREEMENT BETWEEN THE CITY OF JACKSONVILLE
AND THE CITY OF ATLANTIC BEACH FOR NPDES MONITORING
THIS INTERLOCAL AGREEMENT is made and entered into thisa ►day
of s, IUaY'!1 , 2004 by and between the CITY OF JACKSONVILLE, a
municipal corporation in Duval County, Florida, with principal address at 117 West
Duval Street, Jacksonville, Florida 32202 (hereinafter referred to as "COJ") and the CITY
OF ATLANTIC BEACH, FLORIDA, a municipal corporation in Duval County, Florida
with principal address at 800 Seminole Road, Atlantic Beach, Florida 32233 (hereinafter
referred to as "COAB").
WITNESSETH:
WHEREAS, COJ is the Permittee for the Phase I National Pollutant Discharge
Elimination System (hereinafter referred to as "NPDES") Program with the United States
Environmental Protection Agency(hereinafter referred to as "EPA") and the Florida
Department of Environmental Protection (hereinafter referred to as "DEP"); and
WHEREAS, the Florida Department of Transportation (hereinafter referred to as
the "FDOT") and COAB both operate drainage systems in and throughout Duval County
and both are Co-permittees under the COJ's Phase I NPDES Permit specified above, but
the COJ has the lead role in the implementation of the above mentioned Phase I NPDES
Program; and
WHEREAS, one requirement of the above mentioned Phase I NPDES Program
is to perform periodic water quality monitoring, as further detailed in the March 5, 2004,
DEP approved NPDES Monitoring Plan (hereinafter referred to as the "Monitoring Plan")
for the City and the co-permittees; and the COJ has performed such water quality
monitoring; and
WHEREAS, on August 10, 1993, the COJ and the FDOT made and entered into
an Interagency Agreement defining their respective obligations under NPDES laws, rules
and regulations (hereinafter referred to as the "Interagency Agreement") and said
Interagency Agreement has been amended on June 19, 1995 and has been supplemented
on June 3, 1996, November 21, 1999 and on November 7, 2002; and
WHEREAS, pursuant to said Interagency Agreement, as amended and
supplemented, the FDOT and the COJ share the costs and expenses incurred by the
parties in performing their respective portions of the the NPDES permitting process
including but not limited to water quality monitoring in the Phase I NPDES Program; and
WHEREAS, the COAB is willing to enter into an agreement with the COJ to
share the costs and expenses incurred in performing their respective portions of the
Monitoring Plan for the City and the co-permittees; and
WHEREAS, the parties have negotiated this Agreement to memorialize the rights
duties and obligations of each of the parties in sharing costs and expenses incurred in
implementing their respective portions of the Monitoring Plan for the City and the co-
permittees; now therefore
IN CONSIDERATION of the mutual covenants and promises herein contained
and for other good and valuable consideration, the parties agree as follows:
1. Incorporation of Recitals. The above stated recitals are true and correct and,
by this reference, are made a part hereof and are incorporated herein.
2. Term. The term of this Agreement shall commence on the day and year first
above written and shall continue in full force and effect as to all terms and conditions
hereto until December 31, 2007, unless earlier terminated by either party, at any time
without cause, by giving the other party thirty(30) days advance written notice of such
termination.
3. Duties and Obligations of COJ.
3.01. COJ shall investigate and prosecute illegal discharges and connections to
the COJ's stormwater system(as defined in Chapters 1 and 4 of the COJ (March 1993)
Application for a stormwater discharge permit)(hereinafter referred to as the "Permit
Application") that interconnect with the COAB's stormwater system.
3.02. COJ shall source identify and characterize its stormwater discharge (as
defined in Chapters 2 and 3 of Part 2 of said Permit Application.
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3.03. COJ shall develop and maintain permitting procedures, guidelines and
program (as defined in Chapters 1 and 4 of Part 2 of said Permit Application).
3.04. For all COJ stormwater systems interconnected with COAB, the COJ
shall share information with COAB and coordinate enforcement, source identification
discharge characterization, management program and permitting program with COAB.
3.05. COJ shall implement the Monitoring Plan for the City and the co-
permittees.
4. Duties and Obligations of COAB.
4.01. COAB shall maintain a permitting program concurrent with the COJ
permitting program for connections and modifications to the COAB's stormwater
management system that connects with the COJ's stormwater system.
4.02. For all of COAB's stormwater systems interconnected with COJ's
stormwater system, the COAB shall share information with COJ regarding modifications
and additions to COAB's stormwater system and any illegal discharges or connections
discovered by COAB involving the COAB's stormwater system.
4.03. COAB shall prosecute, to the extent permitted by law, any illegal
discharges or connections to the COAB stormwater system.
4.04. COAB shall share cost and expenses,for the implementation of the
Monitoring Plan, for the City and the co-permittees, as specified in Section 5, of this
Agreement.
5. Cost/Expense Sharing and Reimbursement.
5.01. COJ's share of the costs and expenses for the implementation of its
portion of the Monitoring Plan for the City and the co-permittees, shall be a total amount
not to exceed: ELEVEN THOUSAND THREE HUNDRED SIXTY-TWO AND 50/100
DOLLARS ($11,360.50).
5.02. COAB's share of the costs and expenses for the implementation of its
portion of the Monitoring Plan for the City and the co-permittees, shall be a total amount
not to exceed: ELEVEN THOUSAND THREE HUNDRED SIXTY-TWO AND 50/100
DOLLARS ($11,362.50).
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5.03. COAB shall reimburse COJ for the implementation of the Monitoring
Plan for the City and the co-permittees in an amount, not-to-exceed ELEVEN
THOUSAND THREE HUNDRED SIXTY-TWO AND 50/100 DOLLARS ($11,362.50).
6. Payment.
6.01. With respect to COAB's reimbursement to COJ for, implementation of
the Monitoring Plan for the City and the co-permittees, COJ shall submit invoices,bills
and/or other documentation satisfactory to COAB to identify such water quality
monitoring and to allow COAB to release funds in payment thereof.
6.02. COJ shall submit such invoices, bills and other documentation to COAB
by the fifteenth(15`h) day of any given month for services performed and provided during
the previous month
6.03. COAB shall review such invoices and make payment to COJ for the
services provided within fifteen (15) days after receipt of the said invoices, bills and other
documentation.
6.04. The parties understand and agree that the obligation of either party to
perform under this Agreement is contingent upon availability of lawfully appropriated
funds for this Agreement.
7. General Conditions.
7.01. Indemnity. Subject to the provisions and limitations of Section 768.28,
Florida Statutes, and to the extent permitted thereby, each party hereto shall hold
harmless, indemnify, and defend the the other party, its employees, representatives, and
agents against any claim, action, loss, damage, injury, liability, cost and expense, of
whatsoever kind or nature (including, but not by way of limitation, attorney's fees and
court costs) arising out of injury(whether mental or corporeal) to persons, including
death, or damage to property, arising out of or incidental to the negligent acts and/or
omissions of the Indemnifying Party, in its performance of its duties and obligations
pursuant to this Agreement or work performed thereunder. This indemnity is not, nor
shall it be construed as, a further waiver of either party's sovereign immunity, beyond the
limited legislative waiver of sovereign immunity as codified in Section 768.28, Florida
Statutes.
7.02. Insurance. Each party to this Agreement shall procure and maintain at
its sole expense, during the term of the Agreement, types of insurance in amounts
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appropriate to the services performed by each party. Such insurance coverage may be
obtained by self insurance as permitted and authorized in Section 768.28(16), Florida
Statutes (2004).
7.03. Retention of Records/Audit. The parties and their subcontractors shall
maintain all books, documents, papers, accounting records and other evidence pertaining
to costs incurred in the performance of the water quality monitoring in the
implementation of the Monitoring Plan for the City and the co-permittees, as well as the
reimbursement payments therefor; and shall make such materials available at all
reasonable times, during the period of this Agreement and for three (3) years from the
date of final payment under this Agreement, for inspection and/or audit by the other
party. All such documents relating to the services performed or money expended under
this Agreement shall be open to the either party's inspection and audit during the other
party's regular business hours.
7.04. Compliance with Laws etc. In performing under this Agreement, each
party must comply with any and all applicable Federal, State and local laws, rules,
regulations and ordinances, as the same exist and may be amended from time to time.
Such laws, rules, regulations and ordinances shall include, but are not limited to, Chapter
119, Florida Statutes, (the Florida Public Records Law) and Section 286.011, Florida
Statutes, (the Florida Sunshine Law). If any of the obligations of this Agreement are to
be performed by a Subcontractor, the provisions of this Section shall be incorporated into
and become a part of the subcontract.
7.05. Governing State Law/Venue/Severability. The rights, obligations and
remedies of the parties as specified under this Agreement shall be interpreted and
governed in all aspects by the laws of the State of Florida. Should any provision of this
Agreement be determined by the courts to be illegal or in conflict with any law of the
State of Florida, the validity of the remaining provisions shall not be impaired. Venue for
litigation of this Agreement shall be in courts, of competent jurisdiction located in
Jacksonville, Duval County, Florida.
7.06. Non-Waiver. Failure by either party to insist upon strict performance
of any of the provisions hereof, either party's failure or delay in exercising any rights or
remedies provided herein, the payment for services performed hereunder, or any part or
combination thereof, or any purported oral modification or recision of this Agreement by
an employee or agent of either party; shall not release either party of its obligations under
this Agreement; shall not be deemed a waiver of any rights of either party to insist upon
strict performance hereof; or of either party's rights or remedies under this Agreement or
by law; and shall not operate as a waiver of any of the provisions hereof.
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7.07. Delay. Neither party shall be considered in default in the performance
of its obligations hereunder to the extent that the performance of such obligation is
prevented or delayed by any cause beyond the reasonable control of the affected party,
and the time for performance of either party hereunder shall in such event be extended for
a period equal to any time lost due to such prevention or delay.
7.08. Section Headings. Section headings appearing herein are inserted for
convenience or reference only and shall in no way be construed to be interpretations of
text.
7.09. Construction. Both parties acknowledge that they have had meaningful
input into the terms and conditions contained in this Agreement. Therefore any doubtful
or ambiguous provisions contained herein shall not be construed against the party who
physically prepared this Agreement. The rule sometimes referred to as "Fortius Contra
Preferentum" shall not be applied to the interpretation of this Agreement.
7.10. Amendments. All changes to, additions to, modifications of, or
amendment to this Agreement, or any of the terms, provisions and conditions contained
herein, shall be binding only when in writing and signed by the authorized officer, agent
or representative of each of the parties hereto.
7.11. Notice. All notices under this Agreement shall be delivered by certified
mail, return receipt requested, or by other delivery with written receipt to the following:
As to COJ:
Edgar Hall, P.E.
Public Works Department
220 East Bay Street
Jacksonville, FL 32202
As to COAB:
Phil Nodine
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
4.12. Entire Agreement. This Agreement constitutes the entire agreement
between the parties hereto for the performance of water quality monitoring in the Phase II
NPDES Program and reimbursement hereunder. No statement, representation, writing,
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understanding, agreement, course of action or course of conduct, made by either party, or
any representative of either party, which is not expressed in this Agreement shall be
binding.
[The remainder of this page is intentionally left blank. The signature page follows.]
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IN WITNESS WHEREOF,the City of Jacksonville,by and through its respective
authorized representatives has caused this Agreement to be executed on the day and year first
above written.
ATT y.L.'ii • CKSOINV . LE
, 4 A/ /Atekillir'44. 1-1•:.; Illa4' I
�r ;;�
N-' Milliir cArthur, Jr. -,ion, Mayor
Corporation Secretary \* di •-� „ /
STATE OF FLORIDA ``,'---
)ss.
COUNTY OF DUVAL)
The oregoing instrument was acknowledged before me this a 7`k`day of 4,,_, 1� ,
200,'by John Peyton and Neill W. McArthur, Jr.,the Mayor and Corporati.f Secretary/
respectively, of the City of Jacksonville, a municipal corporation in Duval ounty, Florida.
Such persons: (notary must check applicable box)
are personally known to me; or
❑ produced a current driver's license as identification; or
❑ produced as identification
r i
/L _. fp , a / /
(Sign)
. .Yg $if2l E.Chapp
elle (Print)
NOT. AP.. 4 r . #D0311312
Y' �=Com a s�u`'1 25m.,2008 My Commission expires:
`**-Expires ^Y w .�� eaeaeea�+9 (NOTARIAL SEAL)
...Pf��'`� iLr Fair
In compliance with the Ordinance Code of the City of Jacksonville, I do hereby certify
that there is an unexpended, unencumbered and un impounded balance in the appropriation to
cover the foregoing Agreement and that provision has bee o 'e fo • - pa o -nt of the monies
provided therein to be paid. ACIP
.// -r, / i i
11.4 Director of Admi is ration and Finance
City Contract Number: 6-4 29-3 2.
.- Approved:
cil------
4 4A ,- !�
• ' • of eneral Counsel
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IN WITNESS WHEREOF,the City of Atlantic Beach,by and through its respective
authorized representatives has caused this Agreement to be executed on the day and year first
above written.
ATT : CITY OF ATLANTIC BEACH
By: By —_
Donna Bussey, City Clerk I Donald Wolfson,Mayor
800 Seminole Road 800 Seminole Road
Atlantic Beach,FL 32233 Atlantic Beach, FL 32233
STATE OF FLORIDA)
)ss.
COUNTY OF DUVAL)
The foregoing instrument was acknowledged before me this oZo2" day of DecerAlyrS ,
2005, by Donald Wolfson and Donna Bussey, the Mayor and City Clerk respectively, of the City
of Atlantic Beach, a municipal corporation in Duval County, Florida.
Such persons: (notar),must check applicable box)
aV are personally known to me; or
❑ produced a current driver's license as identification; or
o produced as identification
(Sign)
��ear,.lc M• (Print)
NOTARY PUBLIC
My Commission expires: tkoi 31,9oo9
(NOTARIAL SEAL)
id' "f".•. JEANNE M.SHAW
c
e j,,; ,,% MY COMMISSION#DD 435986
•z 'i EXPIRES:May 312009
L'z PW N `'� Banded Thru Nolery Publ c UnderwrNae
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